RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05291
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her break in service between 31 May 13 and 6 Jun 13 be
corrected.
2. Her service dates (Total Federal Commissioned Service Date,
Date of Rank, Total Years Service Date, and Pay Date) be
corrected to the original dates.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her record reflects a break in service from the Regular Air
Force to the Air Force Reserve.
She was scrolled by her In-Service Recruiter four months prior
to her active duty separation date, with the understanding that
she would not have a break in service. Due to a delay in the
processing of the scroll at the Secretary of Defense (SECDEF)
level, she had a break in service.
In support of her appeal, the applicant provides copies of her
appointment order; AF Form 1288, Application for Ready Reserve
Assignment, dated 16 Jan 13; AF Form 133, Oath of Office, dated
7 Jun 13 and a Military Personnel Data System (MilPDS) printout.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 May 13, the applicant resigned her Regular Appointment and
was discharged from active duty.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPA recommends approval of the applicant's request to
reflect no break in service. They found no administrative error
and conclude the break in service was at no fault of the member.
DPA states the Secretary of the Air Force General Counsel
(SAF/GCM) advisory grants the AFBCMR authority to adjust the
DOS.
On 28 Jan 13, the applicant was placed on the scroll. On 31 May
13, the applicant resigned her Regular Appointment. On 6 Jun
13, the SECDEF approved the scroll and she was appointed into
the Air Force Reserve.
DPA indicates that current policies do not allow for backdating
oaths; however, SAF/GCM and the AFBCMR have determined that the
AFBCMR has the authority to adjust the DOS for these officers to
prevent a break in service. The office of the Secretary of
Defense (OSD) General Counsel determined the appointment date is
the date SECDEF approves the appointment or the date the oath
was administered, whichever is later. The applicant was granted
appointment in accordance with the OSD directive.
The complete DPA evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Jan 14 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. Having carefully reviewed this application,
we agree with the recommendation of the Air Force office of
primary responsibility and adopt the rationale expressed as the
basis for our decision that the applicant has been the victim of
either an error or an injustice. Therefore, we recommend the
applicants record be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that she did
not tender her resignation and was not discharged from all
Regular Air Force appointments on 31 May 13, but on that date,
was continued on active duty until 5 Jun 13, on which date she
tendered her resignation, was discharged from all Regular Air
Force appointments, and was released from active duty.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-05291 in Executive Session on 18 Sep 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 13, w/atchs.
Exhibit B. Pertinent Excerpts from Military Records.
Exhibit C. Letter, ARPC/DPA, dated 20 Dec 13, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
Exhibit E. Letter, Applicant, dated 30 Jul 14.
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